United States District Court, E.D. Michigan, Southern Division
TIMOTHY KERRIGAN, LORI MIKOVICH and RYAN M. VALLI, individually, and on behalf of all others similarly situated, Plaintiffs,
v.
VISALUS, INC., a corporation, et al., Defendants.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT AND FINAL JUDGMENT
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Plaintiffs
and Class Representatives Timothy Kerrigan, Lori Mikovich and
Ryan Valli (“Named Plaintiffs”) acting
individually and on behalf of the Settlement Class, filed an
Unopposed Motion for Final Approval of Proposed Settlement
and Final Judgment (the “Motion”). The Motion
seeks final approval of the Class Representatives'
agreement (“Agreement”), as specified in their
written settlement agreement (“Settlement
Agreement”) with ViSalus, Inc. (“ViSalus”),
Nick Sarnicola, Robert Goergen, Sr., Todd Goergen, Ryan
Blair, Blake Mallen, Frank Varon, Kyle Pacetti, Jr., Michael
Craig, Timothy Kirkland, Holley Kirkland, Aaron Fortner,
Rachel Jackson, Tara Wilson, Anthony Lucero, Rhonda Lucero,
Jake Trzcinski, Gary J. Reynolds, Kevin Merriweather, Ropart
Asset Management Fund I, LLC, Ropart Asset Management Fund
II, LLC, Living Trust Dated 9/30/1991 f/b/o Robert B.
Goergen, OCD Marketing, Inc., Power Couple, Inc., Arrive By
25, Inc., BAM Ventures, Inc., Gooder, LLC, Red Letters, LLC,
M-Power Path, Inc., A Berry Good Life, Inc., Network Dynamics
America Corp., Freedom Legacy, LLC, Residual Marketing, Inc.,
Got Heart Global, Inc., Jaketrz, Inc., Mojos Legacy, LLC,
Beachlifestyle Enterprises, LLC, Wealth Builder
International, Prospex Automated Wealth Systems, Inc.,
9248-2587 Quebec, Inc., Jason O'Toole, and Lori Petrilli
(collectively “Defendants”) to settle all
individual and class claims that have, or could have, been
made in Plaintiffs' Fourth Amended Complaint as specified
in their written settlement agreement (“Settlement
Agreement”). This Court, having reviewed the Motion and
the exhibits, including the Settlement Agreement, finds
itself to be apprised of the issues and grants the Motion.
NOW,
THEREFORE, this Court, having heard the oral presentations
made at the Final Approval Hearing, having reviewed the
submissions presented regarding the proposed Settlement,
having determined that the Settlement is fair, adequate, and
reasonable, and having received arguments concerning the
award of attorneys' fees, and having reviewed the
materials in connection therewith, and now deeming itself to
be fully informed;
IT
IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The
capitalized terms used in this Order and Judgment shall have
the same meaning as defined in the Settlement Agreement
except as may otherwise be ordered.
2. This
Court has jurisdiction over the subject matter of this case,
all claims raised therein, and all Parties thereto, including
the members of the Settlement Class.
3. This
Court finds, solely to consider this Agreement, that the
requirements of Federal Rule of Civil Procedure 23 are
satisfied, including requirements for numerosity,
commonality, typicality, adequacy of representation,
manageability of the Settlement Class for settlement, that
common issues of law and fact predominate over individual
issues, that common issues of law and fact predominate over
individual issues, and that settlement and certification of
the Settlement Class is superior to alternative means of
resolving the claims and disputes.
4. The
Settlement Class, which will be bound by this Final Approval
Order and Judgment, shall include all members of the
Settlement Class who did not submit timely and valid requests
for exclusion. The following twenty-two (22) individuals,
members of the Settlement Class, timely submitted notices to
opt out of this class settlement, and therefore their rights
are not affected by this final judgment: (1) Johnny Volpe,
ViSalus IP #3396754; (2) Victoria Hughes, ViSalus IP
#1822936; (3) Cynthia Cialdella, ViSalus IP #2757479; (4)
Alison Belgrave, ViSalus IP #1330764; (5) Carlos Ubinas,
ViSalus IP #2502998; (6) Jean-Michel Moulin, ViSalus IP
#1621357; (7) Kimberley Earl, ViSalus IP #3462962; (8) Maxime
Lacoursiere, ViSalus IP #2329006; (9) Benoit Giguere, ViSalus
IP #1269371; (10) Caroline Dombroskie, ViSalus IP #3953459;
(11) Christopher Scarfo, ViSalus IP #514227; (12) Youri
Durocher, ViSalus IP #1631810; (13) Claudette Grondin,
ViSalus IP #1269648; (14) Shakeel Khan, ViSalus IP #1422532;
(15) Victoria Loughlin, ViSalus IP #667640; (16) Willington
Tique, ViSalus IP #1247502; (17) Blake Moore, ViSalus IP
#407918; (18) Jodi Woodside, ViSalus IP #650736; (19) Julie
Grenier, ViSalus IP #2284611; (20) Callie Chicoine, ViSalus
IP #748296; (21) Cindy Long, ViSalus IP #817462; and (22)
Susan Escritor, ViSalus IP #1921072.
5. The
Plaintiffs Timothy Kerrigan, Lori Mikovich and Ryan Valli
have served fairly and adequately as Class Representatives of
the Settlement Class.
6.
These attorneys and their respective firms have served fairly
and adequately as Class Counsel:
Andrew Kochanowski Lance C. Young Sommers Schwartz, P.C. One
Towne Square, Suite 1700 Southfield, MI 48076
Matthew Prebeg Prebeg, Faucett & Abbott PLLC 8441 Gulf
Freeway, Suite 307 Houston, TX 77017
Edward Wallace Mark Miller Wexler Wallace LLP 55 W. Monroe
St. Suite 3300 Chicago, IL 60603
7. For
purposes of this Final Approval Order and Judgment, the
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